40 CFR 63.761 - Definitions.

Status message

All terms used in this subpart shall have the meaning given them in the Clean Air Act (Act), subpart A of this part (General Provisions), and in this section. If the same term is defined in subpart A and in this section, it shall have the meaning given in this section for purposes of this subpart.

Alaskan North Slope means the approximately 180,000 square kilometer area (69,000 square mile area) extending from the Brooks Range to the Arctic Ocean.

Ancillary equipment means any of the following pieces of equipment: pumps, pressure relief devices, sampling connection systems, open-ended valves, or lines, valves, flanges, or other connectors.

API gravity means the weight per unit volume of hydrocarbon liquids as measured by a system recommended by the American Petroleum Institute (API) and is expressed in degrees.

Associated equipment, as used in this subpart and as referred to in section 112(n)(4) of the Act, means equipment associated with an oil or natural gas exploration or production well, and includes all equipment from the wellbore to the point of custody transfer, except glycol dehydration units and storage vessels with the potential for flash emissions.

Black oil means hydrocarbon (petroleum) liquid with an initial producing gas-to-oil ratio (GOR) less than 0.31 cubic meters per liter and an API gravity less than 40 degrees.

Boiler means an enclosed device using controlled flame combustion and having the primary purpose of recovering and exporting thermal energy in the form of steam or hot water. Boiler also means any industrial furnace as defined in 40 CFR 260.10.

Closed-vent system means a system that is not open to the atmosphere and is composed of piping, ductwork, connections, and if necessary, flow inducing devices that transport gas or vapor from an emission point to one or more control devices. If gas or vapor from regulated equipment is routed to a process (e.g., to a fuel gas system), the conveyance system shall not be considered a closed-vent system and is not subject to closed-vent system standards.

Combustion device means an individual unit of equipment, such as a flare, incinerator, process heater, or boiler, used for the combustion of organic HAP emissions.

Condensate means hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature, pressure, or both, and remains liquid at standard conditions, as specified in § 63.2.

Continuous recorder means a data recording device that either records an instantaneous data value at least once every hour or records hourly or more frequent block average values.

Control device means any equipment used for recovering or oxidizing HAP or volatile organic compound (VOC) vapors. Such equipment includes, but is not limited to, absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, and process heaters. For the purposes of this subpart, if gas or vapor from regulated equipment is used, reused (i.e., injected into the flame zone of an enclosed combustion device), returned back to the process, or sold, then the recovery system used, including piping, connections, and flow inducing devices, is not considered to be a control device or closed-vent system.

Cover means a device which is placed on top of or over a material such that the entire surface area of the material is enclosed and sealed. A cover may have openings (such as access hatches, sampling ports, and gauge wells) if those openings are necessary for operation, inspection, maintenance, or repair of the unit on which the cover is installed, provided that each opening is closed and sealed when the opening is not in use. In addition, a cover may have one or more safety devices. Examples of a cover include, but are not limited to, a fixed-roof installed on a tank, an external floating roof installed on a tank, and a lid installed on a drum or other container.

Custody transfer means the transfer of hydrocarbon liquids or natural gas: after processing and/or treatment in the producing operations, or from storage vessels or automatic transfer facilities or other such equipment, including product loading racks, to pipelines or any other forms of transportation. For the purposes of this subpart, the point at which such liquids or natural gas enters a natural gas processing plant is a point of custody transfer.

Equipment leaks means emissions of HAP from ancillary equipment (as defined in this section) and compressors.

Facility means any grouping of equipment where hydrocarbon liquids are processed, upgraded (i.e., remove impurities or other constituents to meet contract specifications), or stored prior to the point of custody transfer; or where natural gas is processed, upgraded, or stored prior to entering the natural gas transmission and storage source category. For the purpose of a major source determination, facility (including a building, structure, or installation) means oil and natural gas production and processing equipment that is located within the boundaries of an individual surface site as defined in this section. Equipment that is part of a facility will typically be located within close proximity to other equipment located at the same facility. Pieces of production equipment or groupings of equipment located on different oil and gas leases, mineral fee tracts, lease tracts, subsurface or surface unit areas, surface fee tracts, surface lease tracts, or separate surface sites, whether or not connected by a road, waterway, power line or pipeline, shall not be considered part of the same facility. Examples of facilities in the oil and natural gas production source category include, but are not limited to, well sites, satellite tank batteries, central tank batteries, a compressor station that transports natural gas to a natural gas processing plant, and natural gas processing plants.

Field natural gas means natural gas extracted from a production well prior to entering the first stage of processing, such as dehydration.

Fixed-roof means a cover that is mounted on a storage vessel in a stationary manner and that does not move with fluctuations in liquid level.

Flame zone means the portion of the combustion chamber in a combustion device occupied by the flame envelope.

Flash tank. See the definition for gas-condensate-glycol (GCG) separator.

Flow indicator means a device which indicates whether gas flow is present in a line or whether the valve position would allow gas flow to be present in a line.

Gas-condensate-glycol (GCG) separator means a two- or three-phase separator through which the “rich” glycol stream of a glycol dehydration unit is passed to remove entrained gas and hydrocarbon liquid. The GCG separator is commonly referred to as a flash separator or flash tank.

Gas-to-oil ratio (GOR) means the number of standard cubic meters of gas produced per liter of crude oil or other hydrocarbon liquid.

Glycol dehydration unit means a device in which a liquid glycol (including, but not limited to, ethylene glycol, diethylene glycol, or triethylene glycol) absorbent directly contacts a natural gas stream and absorbs water in a contact tower or absorption column (absorber). The glycol contacts and absorbs water vapor and other gas stream constituents from the natural gas and becomes “rich” glycol. This glycol is then regenerated in the glycol dehydration unit reboiler. The “lean” glycol is then recycled.

Glycol dehydration unit baseline operations means operations representative of the glycol dehydration unit operations as of June 17, 1999. For the purposes of this subpart, for determining the percentage of overall HAP emission reduction attributable to process modifications, baseline operations shall be parameter values (including, but not limited to, glycol circulation rate or glycol-HAP absorbency) that represent actual long-term conditions (i.e., at least 1 year). Glycol dehydration units in operation for less than 1 year shall document that the parameter values represent expected long-term operating conditions had process modifications not been made.

Glycol dehydration unit reboiler vent means the vent through which exhaust from the reboiler of a glycol dehydration unit passes from the reboiler to the atmosphere or to a control device.

Hazardous air pollutants or HAP means the chemical compounds listed in section 112(b) of the Clean Air Act. All chemical compounds listed in section 112(b) of the Act need to be considered when making a major source determination. Only the HAP compounds listed in Table 1 of this subpart need to be considered when determining compliance.

In VHAP service means that a piece of ancillary equipment or compressor either contains or contacts a fluid (liquid or gas) which has a total volatile HAP (VHAP) concentration equal to or greater than 10 percent by weight as determined according to the provisions of § 63.772(a).

In wet gas service means that a piece of equipment contains or contacts the field gas before the extraction of natural gas liquids.

Incinerator means an enclosed combustion device that is used for destroying organic compounds. Auxiliary fuel may be used to heat waste gas to combustion temperatures. Any energy recovery section is not physically formed into one manufactured or assembled unit with the combustion section; rather, the energy recovery section is a separate section following the combustion section and the two are joined by ducts or connections carrying flue gas. The above energy recovery section limitation does not apply to an energy recovery section used solely to preheat the incoming vent stream or combustion air.

Initial producing GOR means the producing standard cubic meters of gas per liter at the time that the reservoir pressure is above the bubble point pressure (or dewpoint pressure for a gas).

Initial startup means the first time a new or reconstructed source begins production. For the purposes of this subpart, initial startup does not include subsequent startups (as defined in this section) of equipment, for example, following malfunctions or shutdowns.

Major source, as used in this subpart, shall have the same meaning as in § 63.2, except that:

(1) Emissions from any oil or gas exploration or production well (with its associated equipment, as defined in this section), and emissions from any pipeline compressor station or pump station shall not be aggregated with emissions from other similar units to determine whether such emission points or stations are major sources, even when emission points are in a contiguous area or under common control;

(2) Emissions from processes, operations, or equipment that are not part of the same facility, as defined in this section, shall not be aggregated; and

(3) For facilities that are production field facilities, only HAP emissions from glycol dehydration units and storage vessels with the potential for flash emissions shall be aggregated for a major source determination. For facilities that are not production field facilities, HAP emissions from all HAP emission units shall be aggregated for a major source determination.

Natural gas means a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the earth's surface. The principal hydrocarbon constituent is methane.

Natural gas liquids (NGL) means the liquid hydrocarbons, such as ethane, propane, butane, pentane, natural gasoline, and condensate that are extracted from field natural gas.

Natural gas processing plant (gas plant) means any processing site engaged in the extraction of natural gas liquids from field gas, or the fractionation of mixed NGL to natural gas products, or a combination of both.

No detectable emissions means no escape of HAP from a device or system to the atmosphere as determined by:

(1) Instrument monitoring results in accordance with the requirements of § 63.772(c); and

(2) The absence of visible openings or defects in the device or system, such as rips, tears, or gaps.

Operating parameter value means a minimum or maximum value established for a control device or process parameter which, if achieved by itself or in combination with one or more other operating parameter values, indicates that an owner or operator has complied with an applicable operating parameter limitation, over the appropriate averaging period as specified in § 63.772(f) or (g).

Operating permit means a permit required by 40 CFR part 70 or part 71.

Organic monitoring device means an instrument used to indicate the concentration level of organic compounds exiting a control device based on a detection principle such as infra-red, photoionization, or thermal conductivity.

Primary fuel means the fuel that provides the principal heat input (i.e., more than 50 percent) to the device. To be considered primary, the fuel must be able to sustain operation without the addition of other fuels.

Process heater means an enclosed device using a controlled flame, the primary purpose of which is to transfer heat to a process fluid or process material that is not a fluid, or to a heat transfer material for use in a process (rather than for steam generation).

Produced water means water that is extracted from the earth from an oil or natural gas production well, or that is separated from crude oil, condensate, or natural gas after extraction.

Production field facilities means those facilities located prior to the point of custody transfer.

Production well means any hole drilled in the earth from which crude oil, condensate, or field natural gas is extracted.

Reciprocating compressor means a piece of equipment that increases the pressure of a process gas by positive displacement, employing linear movement of the drive shaft.

Safety device means a device that meets both of the following conditions: it is not used for planned or routine venting of liquids, gases, or fumes from the unit or equipment on which the device is installed; and it remains in a closed, sealed position at all times except when an unplanned event requires that the device open for the purpose of preventing physical damage or permanent deformation of the unit or equipment on which the device is installed in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. Examples of unplanned events which may require a safety device to open include failure of an essential equipment component or a sudden power outage.

Shutdown means for purposes including, but not limited to, periodic maintenance, replacement of equipment, or repair, the cessation of operation of a glycol dehydration unit, or other affected source under this subpart, or equipment required or used solely to comply with this subpart.

Startup means the setting into operation of a glycol dehydration unit, or other affected equipment under this subpart, or equipment required or used to comply with this subpart. Startup includes initial startup and operation solely for the purpose of testing equipment.

Storage vessel means a tank or other vessel that is designed to contain an accumulation of crude oil, condensate, intermediate hydrocarbon liquids, or produced water and that is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) that provide structural support.

Storage vessel with the potential for flash emissions means any storage vessel that contains a hydrocarbon liquid with a stock tank GOR equal to or greater than 0.31 cubic meters per liter and an API gravity equal to or greater than 40 degrees and an actual annual average hydrocarbon liquid throughput equal to or greater than 79,500 liters per day. Flash emissions occur when dissolved hydrocarbons in the fluid evolve from solution when the fluid pressure is reduced.

Surface site means any combination of one or more graded pad sites, gravel pad sites, foundations, platforms, or the immediate physical location upon which equipment is physically affixed.

Tank battery means a collection of equipment used to separate, treat, store, and transfer crude oil, condensate, natural gas, and produced water. A tank battery typically receives crude oil, condensate, natural gas, or some combination of these extracted products from several production wells for accumulation and separation prior to transmission to a natural gas plant or petroleum refinery. A tank battery may or may not include a glycol dehydration unit.

Temperature monitoring device means an instrument used to monitor temperature and having a minimum accuracy of ±2 percent of the temperature being monitored expressed in °C, or ±2.5 °C, whichever is greater. The temperature monitoring device may measure temperature in degrees Fahrenheit or degrees Celsius, or both.

Total organic compounds or TOC, as used in this subpart, means those compounds which can be measured according to the procedures of Method 18, 40 CFR part 60, appendix A.

UA plus offset and UC is defined as the area occupied by each urbanized area, each urban cluster that contains at least 10,000 people, and the area located two miles or less from each urbanized area boundary.

Urban-1 County is defined as a county that contains a part of a Metropolitan Statistical Area with a population greater than 250,000, based on the Office of Management and Budget's Standards for defining Metropolitan and Micropolitan Statistical Areas (December 27, 2000), and Census 2000 Data released by the U.S. Census Bureau.

Urbanized area refers to Census 2000 Urbanized Area, which is defined in the Urban Area Criteria for Census 2000 (March 15, 2002). Essentially, an urbanized area consists of densely settled territory with a population of at least 50,000 people.

Urban cluster refers to a Census 2000 Urban Cluster, which is defined in the Urban Area Criteria for Census 2000 (March 15, 2002). Essentially, an urban cluster consists of densely settled territory with at least 2,500 people but fewer than 50,000 people.

Volatile hazardous air pollutant concentration or VHAP concentration means the fraction by weight of all HAP contained in a material as determined in accordance with procedures specified in § 63.772(a).

This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 26, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.

40 CFR Parts 60, 61, and 63

Summary

The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to LDEQ, and taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

80 FR 9622 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma

This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 26, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect.

40 CFR Parts 61 and 63

Summary

The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is taking direct final action to approve the delegation of certain NESHAPs to ODEQ.

2015-02-19; vol. 80 # 33 - Thursday, February 19, 2015

80 FR 8799 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-Bernalillo County Air Quality Control Board

This rule is effective on April 20, 2015 without further notice, unless EPA receives relevant adverse comment by March 23, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.

40 CFR Parts 60, 61, and 63

Summary

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

2015-02-04; vol. 80 # 23 - Wednesday, February 4, 2015

80 FR 5938 - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources Wastewater Limit Withdrawal

This rule is effective on March 30, 2015 without further notice, unless the EPA receives adverse comment by March 13, 2015. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the amendments in the final rule will not take effect.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is taking direct final action to amend the National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources. This direct final rule withdraws the total non-vinyl chloride organic hazardous air pollutant (TOHAP) process wastewater emission standards for new and existing polyvinyl chloride and copolymers (PVC) area sources.

2015-02-02; vol. 80 # 21 - Monday, February 2, 2015

80 FR 5475 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to New Mexico

This rule is effective on April 3, 2015 without further notice, unless EPA receives relevant adverse comment by March 4, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.

40 CFR Parts 60, 61, and 63

Summary

The New Mexico Environment Department (NMED) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Bernalillo County, New Mexico, or sources located in Indian Country. EPA is providing notice that it has approved delegation of certain NSPS to NMED, and taking direct final action to approve the delegation of certain NESHAPs to NMED.

2014-11-25; vol. 79 # 227 - Tuesday, November 25, 2014

79 FR 70102 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas

This rule is effective on January 26, 2015 without further notice, unless EPA receives relevant adverse comment by December 26, 2014. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

40 CFR Part 63

Summary

The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by the Environmental Protection Agency (EPA) at 40 CFR part 63, as amended between April 13, 2004 and April 24, 2013. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is taking direct final action to approve the delegation of certain NESHAPs to TCEQ.

The Environmental Protection Agency (EPA) is taking final action on its reconsideration of the startup and shutdown provisions in the final rules titled, “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.” The national emission standards for hazardous air pollutants (NESHAP) issued pursuant to Clean Air Act (CAA) section 112 are referred to as the Mercury and Air Toxics Standards (MATS), and the new source performance standards (NSPS) issued pursuant to CAA section 111 are referred to as the Utility NSPS. On November 30, 2012, the U.S. Environmental Protection Agency (EPA) granted reconsideration of, proposed, and requested comment on a limited set of issues in the February 16, 2012, final MATS and Utility NSPS, including certain issues related to the final work practice standards applicable during startup periods and shutdown periods. On June 25, 2013, the EPA reopened the public comment period for the reconsideration issues related to the startup and shutdown provisions of MATS and the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS. The EPA is now taking final action on the standards applicable during startup periods and shutdown periods in MATS and on startup and shutdown provisions related to the PM standard in the Utility NSPS.

This rule is effective on January 5, 2015 without further notice, unless the EPA receives adverse comment by December 19, 2014. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in the final rule will not take effect.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is taking direct final action to amend the National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Steam Generating Units (Mercury and Air Toxics Standards (MATS)). This direct final rule amends the reporting requirements in the MATS rule by temporarily requiring affected sources to submit all required emissions and compliance reports to the EPA through the Emissions Collection and Monitoring Plan System (ECMPS) Client Tool and temporarily suspending the requirement for affected sources to submit certain reports using the Electronic Reporting Tool and the Compliance and Emissions Data Reporting Interface (CEDRI).

2014-11-12; vol. 79 # 218 - Wednesday, November 12, 2014

79 FR 67073 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Arkansas

The rule is effective on January 12, 2015 without further notice, unless EPA receives relevant adverse comment by December 12, 2014. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is approving, through a “direct final” procedure, the straight delegation of authority and approval of the mechanism used for the implementation and enforcement of certain unchanged Federal section 112 rules to the Arkansas Department of Environmental Quality (ADEQ), pursuant to section 112(l) of the Clean Air Act (Act or CAA). A more detailed description of the procedures used to implement the delegation is set forth in a memorandum of agreement (MOA) between ADEQ and EPA, dated September 17, 2014, a copy of which may be found in the docket for this rulemaking, as discussed below. The delegation only encompasses sources subject to one or more Federal section 112 standards (Part 63 standards specifically) which are also subject to the requirements of the Title V operating permits program. The delegation of authority under this action does not include authorities contained in CAA section 112(r).

This action finalizes the residual risk and technology review (RTR) conducted for the Acrylic and Modacrylic Fibers Production, Amino/Phenolic Resins Production and Polycarbonate Production source categories regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing emissions during periods of startup, shutdown and malfunction, and are adding standards for previously unregulated hazardous air pollutant (HAP) emissions sources for certain emission points. These changes include revisions made in response to comments received on the proposed rule. These final amendments also include clarifying provisions pertaining to open-ended valves and lines, adding monitoring requirements for pressure relief devices and adding requirements for electronic reporting of performance test results, as proposed. We estimate that these final amendments will reduce HAP emissions from these three source categories by a combined 137 tons per year.

Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 2014.

40 CFR Parts 60 and 63

Summary

On January 30, 2013, the Environmental Protection Agency (EPA) finalized amendments to the National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines and the Standards of Performance for Stationary Internal Combustion Engines. Subsequently, the EPA received three petitions for reconsideration of the final rule. On September 5, 2013, the EPA announced reconsideration of and requested public comment on three issues raised in the petitions for reconsideration. A summary of the public comments received on the September 5, 2013, notice of reconsideration and the EPA's responses to those comments (Response to Comment document) can be found in the rulemaking docket at Docket Number EPA-HQ-OAR-2008-0708. After careful consideration of the public comments received on the September 5, 2013, notice, the EPA has determined that it will not propose any changes to the regulations at this time related to the three petition issues, and is providing notice of this decision. The EPA is informing the petitioners of the decision in separate letters to the petitioners. The letters explain the EPA's reasons for not proposing changes to the regulations for those three issues. Further discussion of the three petition issues can be found in the Response to Comment document.

Effective Date: This final action is effective on August 15, 2014. Compliance Dates: For the revised SSM requirements and electronic reporting requirements for existing FPUF Production facilities is August 15, 2014. For the new requirements prohibiting the use of HAP ABAs for existing slabstock FPUF Production facilities is 90 days from the effective date of the promulgated standards, November 13, 2014. New sources must comply with all of the standards immediately upon the effective date of the standard, August 15, 2014, or upon startup, whichever is later.

40 CFR Part 63

Summary

This action finalizes the residual risk and technology review (RTR) conducted for the Flexible Polyurethane Foam (FPUF) Production source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, the EPA is finalizing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown and malfunction (SSM); add requirements for reporting of performance testing through the Electronic Reporting Tool (ERT); clarify the leak detection methods allowed for diisocyanate storage vessels at slabstock foam production facilities; and revise the rule to add a schedule for delay of leak repairs for valves and connectors.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 26, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.

40 CFR Parts 60, 61, and 63

Summary

The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to LDEQ, and taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

80 FR 9622 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma

This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 26, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect.

40 CFR Parts 61 and 63

Summary

The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is taking direct final action to approve the delegation of certain NESHAPs to ODEQ.

80 FR 9678 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Louisiana

Written comments on this proposed rule must be received on or before March 26, 2015.

40 CFR Parts 60, 61, and 63

Summary

The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to LDEQ and taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

80 FR 9678 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma

Written comments on this proposed rule must be received on or before March 26, 2015.

40 CFR Parts 61 and 63

Summary

The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is taking direct final action to approve the delegation of certain NESHAPs to ODEQ.

2015-02-19; vol. 80 # 33 - Thursday, February 19, 2015

80 FR 8799 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-Bernalillo County Air Quality Control Board

This rule is effective on April 20, 2015 without further notice, unless EPA receives relevant adverse comment by March 23, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.

40 CFR Parts 60, 61, and 63

Summary

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

80 FR 8838 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-Bernalillo County Air Quality Control Board

Written comments on this proposed rule must be received on or before March 23, 2015.

40 CFR Part 63

Summary

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB, and is taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

Comments. Comments must be received on or before April 3, 2015. A copy of comments on the information collection provisions should be submitted to the Office of Management and Budget (OMB) on or before March 19, 2015. Public Hearing. If anyone contacts the EPA requesting a public hearing by February 23, 2015, we will hold a public hearing on March 4, 2015. If you are interested in requesting a public hearing or attending the public hearing, contact Ms. Pamela Garrett at (919) 541-7966 or at garrett.pamela@epa.gov. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is proposing amendments to the national emissions standards for hazardous air pollutants (NESHAP) for Aerospace Manufacturing and Rework Facilities to address the results of the residual risk and technology review (RTR) conducted as required under the Clean Air Act (CAA), and to correct errors and deficiencies identified during the review of these standards. The proposed amendments would add limitations to reduce organic and inorganic emissions of hazardous air pollutants (HAP) from specialty coating application operations; would remove the exemptions from the emission limitations for periods of startup, shutdown and malfunction (SSM) so that affected units would be subject to the emission standards at all times; and would revise provisions to address recordkeeping and reporting requirements applicable to periods of SSM. This action also proposes other technical corrections. The EPA estimates that implementation of this proposed rule will result in reductions of 58 tons of HAP.

Comments. Comments must be received on or before April 3, 2015. Public Hearing. If anyone contacts the EPA requesting a public hearing by February 23, 2015, the EPA will hold a public hearing on March 4, 2015 from 1 p.m. (Eastern Standard Time) to 5 p.m. (Eastern Standard Time) at the U.S. Environmental Protection Agency building located at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.

40 CFR Parts 60 and 63

Summary

The U.S. Environmental Protection Agency (EPA) is proposing this action to correct and clarify certain text of the final action titled “National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units,” which was published in the Federal Register of Thursday, February 16, 2012. We are also proposing to remove rule provisions establishing an affirmative defense for malfunction events in light of a recent court decision on the issue.

Comments. Written comments must be received on or before March 30, 2015. Public Hearing. If requested by February 18, 2015, we will hold a public hearing on March 2, 2015, from 1:00 p.m. [Eastern Standard Time] to 5:00 p.m. [Eastern Standard Time] at EPA's Campus located in Research Triangle Park, NC. We will provide details on the public hearing on our Web site at: http://www.epa.gov/ttn/atw/groundflares/groundflarespg.html. To be clear, a public hearing will not be held unless someone specifically requests that the EPA hold a public hearing regarding these requests. Please contact Ms. Virginia Hunt of the Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-0832; email address: hunt.virginia@epa.gov; to request a public hearing, to register to speak at the public hearing or to inquire as to whether or not a public hearing will be held. The last day to pre-register in advance to speak at the public hearing will be February 25, 2015.

40 CFR Parts 60, 61, and 63

Summary

On August 5, 2014, The Dow Chemical Company (Dow) requested an Alternative Means of Emission Limitation (AMEL) under the Clean Air Act (CAA) in order to operate pressure-assisted multi-point ground flares at its Propane Dehydrogenation Plant and its Light Hydrocarbons Plant at its Texas Operations site located in Freeport, Texas. On October 21, 2014, ExxonMobil Chemical Company (ExxonMobil) requested an AMEL under the CAA for its pressure-assisted multi-point ground flares at its' Olefins Plant in Baytown, Texas, and its' Plastics Plant in Mont Belvieu, Texas. In this document, the Environmental Protection Agency (EPA) is soliciting comment on all aspects of the AMEL requests and the resulting alternative operating conditions that are necessary to achieve a reduction in emissions of volatile organic compounds (VOC) and hazardous air pollutants (HAPs) at least equivalent to the reduction in emissions required by various standards in 40 CFR parts 60, 61 and 63 that apply to emission sources controlled by these pressure-assisted multi-point ground flares. These standards point to the operating requirements for flares in the General Provisions to parts 60 and 63, respectively, to comply with the emission reduction requirements. Because pressure-assisted multi-point ground flares cannot meet the velocity requirements in these General Provisions, Dow and ExxonMobil are seeking an AMEL.

2015-02-06; vol. 80 # 25 - Friday, February 6, 2015

80 FR 6676 - Petition To Add n-Propyl Bromide to the List of Hazardous Air Pollutants

The U.S. Environmental Protection Agency (EPA) is announcing the receipt of a complete petition requesting that the EPA add the chemical n-Propyl Bromide (nPB) (Chemical Abstract Service No. 106-94-5) to the list of hazardous air pollutants (HAP) contained in section 112(b)(1) of the Clean Air Act (CAA). On October 28, 2010 and November 28, 2012, the Halogenated Solvent Industry Alliance (HSIA) submitted a petition to list nPB as a HAP and a supplement to the petition, respectively. In addition, on November 24, 2011, the New York State Department of Environmental Conservation (NYSDEC) submitted a petition to add nPB to the HAP list. We have determined that these petitions are complete for purposes of this process, which means they provide sufficient information to assess the human health impacts on people living in the vicinity of facilities emitting nPB. Today's document initiates our comprehensive technical review phase of the petition process. The EPA invites the public to comment on these petitions and to provide additional data, beyond what are in these petitions, on sources, emissions, exposure, health effects and environmental impacts associated with nPB that may be relevant to our technical review. These petitions and supporting information are available through Docket ID EPA-HQ-OAR-2014-0471. Following completion of the technical review phase that is initiated by today's notice and runs through the EPA's evaluation of all the comments received, the EPA will decide whether to grant or deny the petitions.

2015-02-04; vol. 80 # 23 - Wednesday, February 4, 2015

80 FR 5938 - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources Wastewater Limit Withdrawal

This rule is effective on March 30, 2015 without further notice, unless the EPA receives adverse comment by March 13, 2015. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the amendments in the final rule will not take effect.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is taking direct final action to amend the National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources. This direct final rule withdraws the total non-vinyl chloride organic hazardous air pollutant (TOHAP) process wastewater emission standards for new and existing polyvinyl chloride and copolymers (PVC) area sources.

80 FR 6035 - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources Wastewater Limit Withdrawal

Written comments must be received by March 13, 2015. Public Hearing. If anyone contacts the EPA requesting a public hearing by February 9, 2015, the EPA will hold a public hearing on February 11, 2015 from 1:00 p.m. (Eastern Standard Time) to 5:00 p.m. (Eastern Standard Time) at the U.S. Environmental Protection Agency building located at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is proposing to amend the National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources. In addition to this proposed rule, the EPA is publishing a direct final rule that withdraws the total non-vinyl chloride organic hazardous air pollutant (TOHAP) area source process wastewater emission standards for new and existing polyvinyl chloride and copolymers area sources. If we receive no adverse comment, we will not take further action on this proposed rule.

2015-02-02; vol. 80 # 21 - Monday, February 2, 2015

80 FR 5475 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to New Mexico

This rule is effective on April 3, 2015 without further notice, unless EPA receives relevant adverse comment by March 4, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.

40 CFR Parts 60, 61, and 63

Summary

The New Mexico Environment Department (NMED) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Bernalillo County, New Mexico, or sources located in Indian Country. EPA is providing notice that it has approved delegation of certain NSPS to NMED, and taking direct final action to approve the delegation of certain NESHAPs to NMED.

80 FR 5498 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to New Mexico

Written comments on this proposed rule must be received on or before March 4, 2015.

40 CFR Parts 60, 61, and 63

Summary

The New Mexico Environment Department (NMED) as submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Bernalillo County, New Mexico or sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to NMED and taking direct final action to approve the delegation of certain NESHAPs to NMED.

2015-01-21; vol. 80 # 13 - Wednesday, January 21, 2015

80 FR 2871 - National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers

Comments. Comments must be received on or before March 9, 2015, or 30 days after date of public hearing, if later. Public Hearing. If anyone contacts us requesting to speak at a public hearing by January 26, 2015, a public hearing will be held on February 5, 2015. If you are interested in attending the public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify that a hearing will be held.

40 CFR Part 63

Summary

On February 1, 2013, the Environmental Protection Agency (EPA) finalized amendments to the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Area Source Boilers Rule). Subsequently, the EPA received three petitions for reconsideration of the final rule. The EPA is announcing reconsideration of and requesting public comment on five issues raised in the petitions for reconsideration, as detailed in the SUPPLEMENTARY INFORMATION section of this document. In this action, the EPA is also proposing a limited number of technical corrections and amendments to the final rule to correct inadvertent errors and to clarify some applicability and implementation issues raised by stakeholders subject to the final rule. Also, we propose to delete rule provisions for an affirmative defense for malfunction in light of a recent court decision on the issue. The EPA is seeking comment only on the five issues being reconsidered, the proposed deletion of the affirmative defense and on the technical corrections and amendments described in the preceding paragraph. The EPA will not respond to any comments addressing any other issues or any other provisions of the final rule.

80 FR 3090 - National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters

Comments. Comments must be received on or before March 9, 2015, or 30 days after date of public hearing if later. Public Hearing. If anyone contacts us requesting to speak at a public hearing by January 26, 2015, a public hearing will be held on February 5, 2015. If you are interested in attending the public hearing, contact Ms. Pamela Garrett at (919) 541-7966 or by email at garrett.pamela@epa.gov to verify that a hearing will be held.

40 CFR Part 63

Summary

On January 31, 2013, the Environmental Protection Agency (EPA) finalized amendments to the national emission standards for the control of hazardous air pollutants (HAP) from new and existing industrial, commercial, and institutional boilers and process heaters at major sources of HAP. Subsequently, the EPA received 10 petitions for reconsideration of the final rule. The EPA is announcing reconsideration of and requesting public comment on three issues raised in the petitions for reconsideration, as detailed in the SUPPLEMENTARY INFORMATION section of this notice. The EPA is seeking comment only on these three issues. The EPA will not respond to any comments addressing any other issues or any other provisions of the final rule. Additionally, the EPA is proposing amendments and technical corrections to the final rule to clarify definitions, references, applicability and compliance issues raised by stakeholders subject to the final rule. Also, we propose to delete rule provisions for an affirmative defense for malfunction in light of a recent court decision on the issue.

Supplemental notice of proposed rulemaking; extension of public comment period.

Comments. The public comment period for the supplemental proposed rule published in the Federal Register on December 8, 2014 (79 FR 72874), is being extended for 15 days to February 6, 2015, in order to provide the public additional time to submit comments and supporting information.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the December 8, 2014, supplemental proposed rule titled “National Emission Standards for Hazardous Air Pollutants: Secondary Aluminum Production” is being extended for 15 days.

Supplemental notice of proposed rulemaking; extension of public comment period.

Comments. The public comment period for the supplemental proposed rule published in the Federal Register on December 8, 2014 (79 FR 72914), is being extended for 15 days to February 6, 2015, in order to provide the public additional time to submit comments and supporting information.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the December 8, 2014, supplemental proposed rule titled “National Emission Standards for Hazardous Air Pollutants: Primary Aluminum Reduction Plants” is being extended for 15 days.

Supplemental notice of proposed rulemaking; extension of public comment period and change to public hearing date.

Comments. The public comment period for the proposed rule published in the Federal Register on December 18, 2014 (79 FR 75622) is being extended for 30 days to March 19, 2015. Public Hearing. If anyone contacts the EPA requesting a public hearing by January 15, 2015, the EPA will hold a public hearing on January 27, 2015, from 1:00 p.m. [Eastern Standard Time] to 5:00 p.m. [Eastern Standard Time] at the U.S. Environmental Protection Agency building located at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.

40 CFR Part 63

Summary

On December 18, 2014, the Environmental Protection Agency (EPA) proposed national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing and NESHAP for clay ceramics manufacturing. The EPA is extending the deadline for written comments on the proposed rule by 30 days to March 19, 2015. In addition, the EPA is changing the date of the public hearing, if requested, to January 27, 2015, and the date to pre-register for the hearing if it is held.

Comments. Comments must be received on or before February 17, 2015. A copy of comments on the information collection provisions should be submitted to the Office of Management and Budget (OMB) on or before January 20, 2015. Public Hearing. If anyone contacts the EPA requesting a public hearing by January 15, 2014 the EPA will hold a public hearing on January 20, 2015 from 1:00 p.m. [Eastern Standard Time] to 5:00 p.m. [Eastern Standard Time] at the U.S. Environmental Protection Agency building located at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is proposing national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing and NESHAP for clay ceramics manufacturing. The EPA is proposing that all major sources in these categories meet maximum achievable control technology (MACT) standards for mercury, non-mercury metal hazardous air pollutants (HAP) (or particulate matter (PM) surrogate) and dioxins/furans (Clay Ceramics only); health-based standards for acid gas HAP; and work practice standards, where applicable. The proposed rule, which has been informed by input from industry and other stakeholders, including small businesses, would protect air quality and promote public health by reducing emissions of HAP listed in section 112 of the Clean Air Act (CAA).

Comments must be received on or before February 17, 2015. Public Hearing. If anyone contacts the EPA requesting to speak at a public hearing by December 22, 2014, a public hearing will be held on December 31, 2014 at the U.S. EPA building at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. If you are interested in requesting a public hearing or attending the public hearing, contact Ms. Virginia Hunt at (919) 541-0832 or at hunt.virginia@epa.gov. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information. Under the Paperwork Reduction Act, comments on the information collection provisions are best assured of having full effect if the Office of Management and Budget (OMB) receives a copy of your comments on or before January 15, 2015.

40 CFR Parts 60 and 63

Summary

In this action, the Environmental Protection Agency (EPA) proposes that it has completed its statutory obligation of the Clean Air Act to promulgate emissions standards for source categories accounting for not less than ninety percent of the aggregated emissions of each of the seven hazardous air pollutants enumerated in section 112(c)(6). This document explains the basis for the agency's conclusion that it completed this obligation in February of 2011, identifies the promulgated standards that collectively satisfy the obligation, and provides the public an opportunity to comment.

2014-12-12; vol. 79 # 239 - Friday, December 12, 2014

79 FR 73872 - Phosphoric Acid Manufacturing and Phosphate Fertilizer Production RTR and Standards of Performance for Phosphate Processing; Extension of Comment Period

Comments. The public comment period for the proposed rule published in the Federal Register on November 7, 2014, (79 FR 66512) is being extended for 30 days to January 21, 2015.

40 CFR Parts 60 and 63

Summary

On November 7, 2014, the Environmental Protection Agency (EPA) proposed amendments to the national emission standards for hazardous air pollutants for Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories and to new source performance standards for several phosphate processing categories. The EPA is extending the deadline for written comments on the proposed amendments by 30 days to January 21, 2015. The EPA received requests for an extension from The Fertilizer Institute, several phosphate facilities and a testing company that supports the industry. The Fertilizer Institute has requested the extension in order to allow more time to review the proposed rule and associated emissions data, risk assessment and technology review.

Supplemental notice of proposed rulemaking; extension of public comment period.

Comments. The public comment period for the supplemental proposed rule published in the Federal Register on November 13, 2014 (79 FR 68012), is being extended for 30 days to January 14, 2015.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the November 13, 2014, supplemental proposed rule titled “NESHAP Risk and Technology Review for the Mineral Wool and Wool Fiberglass Industries; NESHAP for Wool Fiberglass Area Sources” is being extended for 30 days.

Supplemental notice of proposed rulemaking; extension of public comment period.

The public comment period for the supplemental proposed rule published October 6, 2014 (79 FR 60238), and initially extended by 18 days on November 14, 2014 (79 FR 68152), is being extended an additional 11 days to December 19, 2014, in order to provide the public additional time to submit comments and supporting information. The EPA received a request for an extension from ERAMET Marietta, Incorporated to gather and analyze data and formulate their comments on the supplemental proposed amendments.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the October 6, 2014, supplemental proposed rule titled “National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production” is being extended an additional 11 days.

2014-11-25; vol. 79 # 227 - Tuesday, November 25, 2014

79 FR 70102 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas

This rule is effective on January 26, 2015 without further notice, unless EPA receives relevant adverse comment by December 26, 2014. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

40 CFR Part 63

Summary

The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by the Environmental Protection Agency (EPA) at 40 CFR part 63, as amended between April 13, 2004 and April 24, 2013. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is taking direct final action to approve the delegation of certain NESHAPs to TCEQ.

79 FR 70140 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas

Written comments on this proposed rule must be received on or before December 26, 2014.

40 CFR Part 63

Summary

The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAP promulgated by the Environmental Protection Agency (EPA) at 40 CFR part 63, as amended between May 25, 2005 and April 24, 2013. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice proposing to approve the delegation of certain NESHAPs to TCEQ.

The Environmental Protection Agency (EPA) is taking final action on its reconsideration of the startup and shutdown provisions in the final rules titled, “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.” The national emission standards for hazardous air pollutants (NESHAP) issued pursuant to Clean Air Act (CAA) section 112 are referred to as the Mercury and Air Toxics Standards (MATS), and the new source performance standards (NSPS) issued pursuant to CAA section 111 are referred to as the Utility NSPS. On November 30, 2012, the U.S. Environmental Protection Agency (EPA) granted reconsideration of, proposed, and requested comment on a limited set of issues in the February 16, 2012, final MATS and Utility NSPS, including certain issues related to the final work practice standards applicable during startup periods and shutdown periods. On June 25, 2013, the EPA reopened the public comment period for the reconsideration issues related to the startup and shutdown provisions of MATS and the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS. The EPA is now taking final action on the standards applicable during startup periods and shutdown periods in MATS and on startup and shutdown provisions related to the PM standard in the Utility NSPS.

This rule is effective on January 5, 2015 without further notice, unless the EPA receives adverse comment by December 19, 2014. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in the final rule will not take effect.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is taking direct final action to amend the National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Steam Generating Units (Mercury and Air Toxics Standards (MATS)). This direct final rule amends the reporting requirements in the MATS rule by temporarily requiring affected sources to submit all required emissions and compliance reports to the EPA through the Emissions Collection and Monitoring Plan System (ECMPS) Client Tool and temporarily suspending the requirement for affected sources to submit certain reports using the Electronic Reporting Tool and the Compliance and Emissions Data Reporting Interface (CEDRI).

79 FR 68821 - National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants: Amendments

Comments. Comments must be received on or before January 20, 2015, or 30 days after date of public hearing, if later. Public Hearing. If anyone contacts the EPA requesting to speak at a public hearing by November 24, 2014, we will hold a public hearing on December 4, 2014 on the EPA campus at 109 T.W. Alexander Drive, Research Triangle Park, North Carolina.

40 CFR Parts 60 and 63

Summary

On February 12, 2013, the Environmental Protection Agency (EPA) finalized amendments to the national emission standards for the control of hazardous air pollutants (NESHAP) from the new and existing Portland cement manufacturing industry at major sources of hazardous air pollutants (HAP). Subsequently, the EPA has become aware of certain minor technical errors in those amendments, and is, accordingly, proposing amendments and technical corrections to the final rule. In addition, the EPA plans to remove rule provisions establishing an affirmative defense in the final technical correction rule.

The Environmental Protection Agency (EPA) is proposing to amend the National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Steam Generating Units (Mercury and Air Toxics Standards (MATS)). In addition to this proposed rule the EPA is publishing a direct final rule that amends the reporting requirements of the MATS rule by temporarily requiring affected sources to submit all required emissions and compliance reports to the EPA through the Emissions Collection and Monitoring Plan System Client Tool and temporarily suspending the requirement for affected sources to submit certain reports using the Electronic Reporting Tool and the Compliance and Emissions Data Reporting Interface. If we receive no adverse comment, we will not take further action on this proposed rule.

Supplemental notice of proposed rulemaking; extension of public comment period.

Comments. The public comment period for the supplemental proposed rule published in the Federal Register on October 6, 2014, (79 FR 60238) is being extended for 18 days to December 8, 2014, in order to provide the public additional time to submit comments and supporting information. The EPA received a request for an extension from Eramet Marietta, Incorporated and Felman Production, LLC in order to gather and analyze data and formulate their comments on the supplemental proposed amendments.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the October 6, 2014, supplemental proposed rule titled “National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production” is being extended for 18 days.

Comments. Comments must be received on or before December 15, 2014. Under the Paperwork Reduction Act, comments on the information collection provisions are best assured of having full effect if the Office of Management and Budget (OMB) receives a copy of your comments on or before December 15, 2014. Public Hearing. If anyone contacts the EPA requesting a public hearing by November 18, 2014, we will hold a public hearing on November 28, 2014 at 109 T.W. Alexander Drive, Research Triangle Park, NC.

40 CFR Part 63

Summary

This action proposes amendments in addition to those proposed on November 25, 2011, and April 15, 2013, for the Mineral Wool Production and Wool Fiberglass Manufacturing source categories. This action addresses comments received on previous proposals, explains changes to previously proposed limits for sources in these industries and clarifies our use of the upper prediction limit (UPL) in setting MACT floors. The Environmental Protection Agency (EPA) is taking comments on only aspects of the proposed rules that are discussed in this document. When finalized, these proposed standards would increase the level of environmental protection.

2014-11-12; vol. 79 # 218 - Wednesday, November 12, 2014

79 FR 67073 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Arkansas

The rule is effective on January 12, 2015 without further notice, unless EPA receives relevant adverse comment by December 12, 2014. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is approving, through a “direct final” procedure, the straight delegation of authority and approval of the mechanism used for the implementation and enforcement of certain unchanged Federal section 112 rules to the Arkansas Department of Environmental Quality (ADEQ), pursuant to section 112(l) of the Clean Air Act (Act or CAA). A more detailed description of the procedures used to implement the delegation is set forth in a memorandum of agreement (MOA) between ADEQ and EPA, dated September 17, 2014, a copy of which may be found in the docket for this rulemaking, as discussed below. The delegation only encompasses sources subject to one or more Federal section 112 standards (Part 63 standards specifically) which are also subject to the requirements of the Title V operating permits program. The delegation of authority under this action does not include authorities contained in CAA section 112(r).

79 FR 67154 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Arkansas

Written comments on this proposed rule must be received on or before December 12, 2014.

40 CFR Part 63

Summary

The EPA is proposing to approve, through a “direct final” procedure, a request for delegation of the Federal air toxics program contained within 40 CFR Parts 63 pursuant to Section 112(l) of the Clean Air Act (Act). The State's mechanism of delegation involves the straight delegation of certain existing and future Section 112 standards unchanged from the Federal standards. The actual delegation of authority of individual standards, except standards addressed specifically in this action, will occur through a mechanism set forth in a memorandum of agreement (MOA) between the Arkansas Department of Environmental Quality (ADEQ) and EPA. ADEQ is requesting delegation and approval to implement and enforce the existing Part 63 standards as they apply to Part 70 sources, including major and area sources subject to the Title V (Part 70) permitting requirements. The delegation of authority under this action does not include CAA Section 112(r).

Comments . Comments must be received on or before December 22, 2014. A copy of comments on the information collection provisions should be submitted to the Office of Management and Budget (OMB) on or before December 8, 2014. Public Hearing. If anyone contacts the EPA requesting to speak at a public hearing by November 12, 2014, we will hold a public hearing on November 24, 2014 on the EPA campus at 109 T.W. Alexander Drive, Research Triangle Park, North Carolina.

40 CFR Parts 60 and 63

Summary

The Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories and to new source performance standards (NSPS) for several phosphate processing categories. The proposed amendments address the results of the residual risk and technology reviews (RTR) conducted as required under the Clean Air Act (CAA), as well as other actions deemed appropriate during the review of these standards. The proposed amendments include numeric emission limits for mercury and work practice standards for hydrogen fluoride (HF) from calciners; work practice standards for hazardous air pollutant (HAP) emissions from gypsum dewatering stacks and cooling ponds; emission standards requiring HF testing from various affected sources; clarifications to the applicability and monitoring requirements for both source categories to accommodate process equipment and technology changes; changes to remove the exemptions for startup, shutdown and malfunction; work practice standards for periods of startup and shutdown; and revised provisions to address recordkeeping and reporting requirements applicable to periods of startup, shutdown and malfunction. The proposed amendments will reduce mercury emissions, thereby reducing potential mercury exposure to children, including the unborn. Further, the EPA has conducted an 8-year review of the current NSPS for these source categories, and is proposing that no revisions to the numeric emission limits for these standards are appropriate.

2014-10-15; vol. 79 # 199 - Wednesday, October 15, 2014

79 FR 61843 - National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production

This correction is made on October 15, 2014. Public Hearing. If anyone contacts the EPA requesting a public hearing by October 20, 2014, the EPA will hold a public hearing on October 30, 2014 from 1:00 p.m. [Eastern Standard Time] to 5:00 p.m. [Eastern Standard Time] at the U.S. Environmental Protection Agency building located at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.

40 CFR Part 63

Summary

This action corrects our supplemental notice of proposed rulemaking to the national emission standards for hazardous air pollutants for the Ferroalloys Production source category published in the Federal Register on October 6, 2014. In that action, there is an incorrect location for the public hearing. This document amends the public hearing location and the date the hearing will be held, if requested.

This action finalizes the residual risk and technology review (RTR) conducted for the Acrylic and Modacrylic Fibers Production, Amino/Phenolic Resins Production and Polycarbonate Production source categories regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing emissions during periods of startup, shutdown and malfunction, and are adding standards for previously unregulated hazardous air pollutant (HAP) emissions sources for certain emission points. These changes include revisions made in response to comments received on the proposed rule. These final amendments also include clarifying provisions pertaining to open-ended valves and lines, adding monitoring requirements for pressure relief devices and adding requirements for electronic reporting of performance test results, as proposed. We estimate that these final amendments will reduce HAP emissions from these three source categories by a combined 137 tons per year.

2014-10-06; vol. 79 # 193 - Monday, October 6, 2014

79 FR 60238 - National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production

Comments. Comments must be received on or before November 20, 2014. A copy of comments on the information collection provisions should be submitted to the Office of Management and Budget (OMB) on or before November 5, 2014. Public Hearing. If anyone contacts the EPA requesting a public hearing by October 14, 2014 the EPA will hold a public hearing on October 21, 2014 from 1:00 p.m. [Eastern Standard Time] to 8:00 p.m. [Eastern Standard Time] in Marietta, Ohio. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.

40 CFR Part 63

Summary

This action supplements our proposed amendments to the national emission standards for hazardous air pollutants (NESHAP) for the Ferroalloys Production source category published in the Federal Register on November 23, 2011. In that action, the Environmental Protection Agency (EPA) proposed amendments based on the initial technology and residual risk reviews for this source category. Today's action presents a revised technology review and a revised residual risk review for the Ferroalloys Production source category and proposes revisions to the standards based on those reviews. This action also proposes new compliance requirements to meet the revised standards. This action would result in significant environmental improvements through the reduction of fugitive manganese emissions and through more stringent emission limits for several processes.

Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 2014.

40 CFR Parts 60 and 63

Summary

On January 30, 2013, the Environmental Protection Agency (EPA) finalized amendments to the National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines and the Standards of Performance for Stationary Internal Combustion Engines. Subsequently, the EPA received three petitions for reconsideration of the final rule. On September 5, 2013, the EPA announced reconsideration of and requested public comment on three issues raised in the petitions for reconsideration. A summary of the public comments received on the September 5, 2013, notice of reconsideration and the EPA's responses to those comments (Response to Comment document) can be found in the rulemaking docket at Docket Number EPA-HQ-OAR-2008-0708. After careful consideration of the public comments received on the September 5, 2013, notice, the EPA has determined that it will not propose any changes to the regulations at this time related to the three petition issues, and is providing notice of this decision. The EPA is informing the petitioners of the decision in separate letters to the petitioners. The letters explain the EPA's reasons for not proposing changes to the regulations for those three issues. Further discussion of the three petition issues can be found in the Response to Comment document.

Effective Date: This final action is effective on August 15, 2014. Compliance Dates: For the revised SSM requirements and electronic reporting requirements for existing FPUF Production facilities is August 15, 2014. For the new requirements prohibiting the use of HAP ABAs for existing slabstock FPUF Production facilities is 90 days from the effective date of the promulgated standards, November 13, 2014. New sources must comply with all of the standards immediately upon the effective date of the standard, August 15, 2014, or upon startup, whichever is later.

40 CFR Part 63

Summary

This action finalizes the residual risk and technology review (RTR) conducted for the Flexible Polyurethane Foam (FPUF) Production source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, the EPA is finalizing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown and malfunction (SSM); add requirements for reporting of performance testing through the Electronic Reporting Tool (ERT); clarify the leak detection methods allowed for diisocyanate storage vessels at slabstock foam production facilities; and revise the rule to add a schedule for delay of leak repairs for valves and connectors.

Comments. The public comment period for the proposed rule published June 30, 2014 (79 FR 36880), is being extended by 60 days to October 28, 2014, in order to provide the public additional time to submit comments and supporting information.

40 CFR Parts 60 and 63

Summary

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the June 30, 2014, proposed “Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards” is being extended by 60 days.

Comments. Comments must be received on or before August 18, 2014. A copy of comments on the information collection provisions should be submitted to the Office of Management and Budget (OMB) on or before August 1, 2014. Public Hearing. We do not plan to conduct a public hearing unless requested. If requested, we will hold a public hearing on July 17, 2014. To request a hearing, please contact the person listed in the following FOR FURTHER INFORMATION CONTACT section by July 14, 2014.

40 CFR Part 63

Summary

The Environmental Protection Agency (EPA) is proposing amendments to the national emission standards for hazardous air pollutants (NESHAP) for off-site waste and recovery operations (OSWRO) to address the results of the residual risk and technology review (RTR) conducted under the Clean Air Act (CAA). In light of our residual risk and technology review, we are proposing to amend the requirements for leak detection and repair and the requirements for certain tanks. In addition, the EPA is proposing amendments to revise regulatory provisions pertaining to emissions during periods of startup, shutdown and malfunction; add requirements for electronic reporting of performance test results; revise the routine maintenance provisions; clarify provisions pertaining to open-ended valves and lines; add monitoring requirements for pressure relief devices; clarify provisions for some performance test methods and procedures; and make several minor clarifications and corrections.